Petitioner Type: Workers
Impact Date: 05/20/2003
Filed Date: 05/26/2004
Most Recent Update: 07/29/2004
Determination Date: 07/29/2004
Expiration Date: 11/09/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,982
FORT HILL LUMBER COMPANY
INCLUDING LEASED WORKERS OF
EXPRESS PERSONNEL SERVICES/BROWN & DUTTON
GRAND RONDE, OREGON
Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on May 26, 2004 in response to
a petition filed on behalf of workers of Fort Hill Lumber Company,
Grand Ronde, Oregon including leased workers of Express Personnel
Services/Brown & Dutton, working at Fort Hill Lumber Company, Grand
Ronde, Oregon. Hampton Affiliates is the parent company of the
subject firm. The workers produced various solid wood products,
beams, boards, etc., such as dimensional lumber
The investigation revealed that criteria I.C and II.B have not
been met.
The Department conducted a survey of major declining customers
of the subject firm regarding their purchases of various solid wood
products, beams, boards, etc. in 2002, 2003 and January through
June 2004. The survey revealed that none of the respondents
increased their purchases of various solid wood products, beams,
boards, etc. from foreign firms while decreasing their purchases
from the subject firm during the relevant period.
The subject firm did not import various solid wood products,
beams, boards, etc. nor did the company shift production from the
subject facility abroad during the relevant period.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assis-
tance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since
the workers are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of Fort
Hill Lumber Company, Grand Ronde, Oregon including leased workers
of Express Personnel Services/Brown & Dutton, working at Fort
Hill Lumber Company, Grand Ronde, Oregon are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C. this 29th day of July 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance